BOARD OF SELECTMEN
Natick Town Hall
August 17, 2009
6:30 p.m.
The meeting was called to order by the Chairman John Ciccariello at 6:30 p.m.
PRESENT: John Ciccariello, Joshua Ostroff, Kristine Van Amsterdam, Carol A. Gloff. Absent: John Connolly.
ALSO PRESENT: Martha L. White, Town Administrator; Donna Challis, Secretary
WARRANTS: Payroll warrants were signed by the Board of Selectmen on August 17, 2009 in the amount of $634,287.70. This figure was included in total warrants signed by the Board of Selectmen of $5,332,882.89.
EXECUTIVE SESSION
Mr. Ostroff, seconded by Ms. Van Amsterdam, moved to enter into executive session to discuss matters pertaining to collective bargaining and litigation. By roll call vote the motion passed on a
4-0-0 vote. At 6:30 p.m. the Board entered into executive session after announcing that the meeting would return to open session.
The open session was reconvened at 7:20 p.m.
A moment of silence was observed in memory of the passing of Elizabeth Fancy, a former Town Meeting member, Planning Board member, and founder of the Natick Housing Partnership.
ENVIRONMENTAL COMPLIANCE OFFICER: LAKE COCHITUATE TREATMENT UPDATE
Environmental Compliance Officer Robert Bois advised that several months ago the Conservation Commission issued an approval for the treatment of Diquot at the boat ramp and swimming beach. The applicant was DCR. The weeds were sufficient enough to warrant some treatment.
The Conservation Commission approved the treatment of Diquot with some conditions. The treatment was limited to one year with conditions of proper notice, proper posting and sampling before and after, sampling of the Evergreen wells, and a pilot study of the DASH boat. The conditions were given to DCR. There was an appeal by a group of residents to DEP and DEP issued a superseding order of conditions and that was the operating order. That was done on August 5, 2009. DEP approved five years of treatment and eliminated all the conditions which surprised the Commission.
Mr. Bois continued that the Commission met Thursday and decided to appeal the superseding order of DEP. They were not appealing the application of chemicals. They were trying to get the conditions re-instated. He has talked to DCR and they have given him the impression they were willing to do some of the conditions DEP eliminated. The
most important for the Conservation Commission was the sampling and DCR has indicated they would be willing to do it without the order. The Commission was looking to have that verified so they can get what they want and protect what they thought was necessary and don’t have to spend a lot of legal time arguing.
On the history, Mr. Bois advised that milfoil was discovered in Lake Cochituate in 2002. A variety of steps were taken at that time that proved not to control. Milfoil was an evasive plant that pushed out other plants. It was not healthy for a lake.
In 2004 DCR came up with a plan to treat areas of the lake with the herbicide Diquot. The condition of the lake was available for spot treatment. The herbicide attacks the food generation part of the plant and kills it. That was approved with conditions. The Town wanted a buffer around the Springvale Wells and sampling and felt that was adequate protection. That decision was appealed and the State issued a superseding order. That (superseding order) was appealed to the adjucatory system. It took a long time and in the meantime the plant population in that area bloomed and spot treatment was no longer appropriate. DCR came with up an application of sonar fluordone that called for a 30-60 day concentration. With the direct impact on Springvale, it was determined that was not appropriate
and it was denied.
That was appealed by a group of individuals and DEP issued an order supporting the Conservation Commission’s denial. This third time the Diquot focused solely on the boat ramp and swimming beach. The Conservation Commission didn’t have to but included other boards and asked the Board of Health for input. The Board of Health’s mission was much different than the Conservation Commission’s. Much of the information presented during the hearing was antidotal and the Board of Health could not support an application of herbicide. The burden of proof for the Conservation Commission was 75% more likely than not (to impact wells). From the information seen there were other similar situations where wells had been sampled and found not to be impacted, but he has seen Diquot impact private
wells – mostly on agricultural land repeatedly bombarded with herbicides.
This was not an easy decision. DCR has done what they could. One approval issued was submitted at the same time as the herbicide for a non-chemical treatment of hand pulling. DCR has been moving forward with that when they can. They just finished hand pulling the beach last spring after the appeal was issued.
Mr. Bois recognized this was an emotional issue and the Conservation Commission took a hard look at the facts presented and on three occasions felt it rendered a safe decision. He reiterated that the Conservation Commission was not appealing the decision for treatment but appealing to re-institute the conditions.
Mr. Ostroff noted that he was at the Conservation Commission meeting and expressed to the Commission that he would be glad to bring it to the Board if there was something appropriate for the Board of Selectmen to do in support of the Conservation Commission’s action.
As the Water Commissioners, Mr. Bois thought it may be appropriate to send a letter asking to have the conditions put into place to protect the water supply.
Mr. Ostroff recognized there was some objection to the treatment of Diquot under any conditions, but his sense was this was the most favorable action the Town could get.
Ms. Van Amsterdam supported sending a letter and inquired as to how long the appeal process lasted. Mr. Bois thought you were probably talking 180 days. There was some concern of late of things getting bogged down in the administrative law judge piece of government, but it was hard to say.
Ms. White suggested that perhaps with filing the appeal and the Board of Selectmen’s support, an agreement could be reached with DCR on the conditions so the appeal wouldn’t be necessary. She assumed that would be quicker.
Mr. Ciccariello questioned if they had done the treatment already and Mr. Bois advised that North Pond had been treated, but that was a separate issue and a different chemical. That was completed about a month ago and was very successful. A portion was not in Natick and DCR used the DASH boat and hand pulling in Natick’s portion to avoid any problems with appeals.
Looking at the conditions DEP eliminated, Mr. Ciccariello didn’t understand what was difficult with putting up signs advising people the chemical had been used. Mr. Bois thought it was precedent.
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to send a letter in support of the Conservation Commission’s appeal.
INTERVIEW FOR APPOINTMENT TO AUDIT COMMITTEE
Mr. Ciccariello announced that Jimmy Brown had withdrawn his application.
Robert Gagnon told the Board that he was a CPA in good standing in Massachusetts and held a B.S. in Accounting and an MBA from the Sloan School at MIT. He had over 10 years experience working for the big 4 auditing for-profit and not-for-profit companies. He was now employed by a Cambridge firm as a Corporate Controller and Vice-President of Finance.
Having been a resident for 10 years, Mr. Gagnon said he felt this was an opportunity to get involved.
Asked if he had compared the work of municipal finance to the private sector, Mr. Gagnon’s response was, “a little”. With the big 4 he had some experience with not-for-profit but mainly his experience was in the private companies.
Mr. Ciccariello asked what he thought he could bring to the Advisory Committee. Mr. Gagnon thought it was an opportunity to bring in a fresh set of eyes from the private sector with an opportunity to leverage some of the skill set he had been able to provide in the private sector or from working on the other side where he was the responder.
As someone who worked in the bio tech industry, Ms. Gloff asked if Mr. Gagnon thought he would have the time. Mr. Gagnon noted that he makes it home at night for dinner with his children and was available in the evening.
Heather Pilat told the Board she was the Director of Finance for an analytical company in Westborough with a major focus in budgeting. Her company was about $100 million and she was responsible for trying to forecast revenue for the following year for her division. She did a lot of financial analysis and because her division was small, she did a lot of things. She was on the audit committee trying to look at how they were building a contract with their customers.
Having mentioned that she was on the audit committee, Mr. Ostroff asked Ms. Pilat if she engaged with external auditors. Mr. Pilat’s reply was, “no”. The committee was just trying to find out the scope. It was a fairly recent development area in the audit process.
To Ms. Van Amsterdam’s inquiry about her educational background, Ms. Pilat said she had a BS from Babson in Quantative Methods and Marketing and a minor in Information Systems.
Mr. Ciccariello inquired as to what she thought she could bring to the Advisory Committee. Ms. Pilat stated that she didn’t have any experience with municipal finance other than keeping abreast of budget issues in Natick. She felt she could bring an outside perspective, adding that she was hard working and diligent. Her main strong offering was being analytical.
Michael Mistrot told the Board he had a BS in accounting and 20 years experience. He passed the CPA exam but did not work in accounting. As the Vice President of Finance for his company he oversaw the annual audit, the worker’s comp audit, and worked closely with the auditors. In his previous job he had to hire, train and write accounting procedures.
Mr. Ostroff inquired if he had any experience with public accounting, and Mr. Mistrot responded that he had worked for Lahey Clinic for 3-1/2 years which was not-for-profit. The majority of his experience was private, but that didn’t mean he couldn’t bring new creative ideas.
Ms. Van Amsterdam asked Mr. Mistrot to elaborate on his statement that he managed the corporate audit. Mr. Mistrot noted that every year auditors came and reviewed the books and tax issues.
Noting that the Town’s current auditor was Sullivan Rogers & Company, Ms. Gloff asked if any of the three candidates interviewed had any knowledge about the firm or prior experience with them. Mr. Mistrot said he did not and Ms. Gloff noted that she saw the other two candidates shaking their heads no.
Mr. Ciccariello asked Mr. Mistrot what he thought his experience in the private sector could bring and the response was some fresh ideas. He added that he was somewhat flexible. There was a right way and a wrong way but the right way wasn’t necessarily one way.
Ms. Gloff pointed out that the Board received an appointment from the Finance Committee, but did not have the School Committee’s appointment. A comment was made that the Schools may or may not ask the Board if they could appoint someone other than a School Committee member. They weren’t certain they had someone on the School Committee with this strength.
Mr. Ciccariello suggested that if the Schools wanted they could come back to the Board and the Board could consider their request.
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to nominate Ms. Van Amsterdam as the Board’s representative to the Audit Committee.
By paper ballot the Board elected Robert Gagnon and Michael Mistrot to the Audit Committee. Mr. Gagnon received four votes. Mr. Mistrot received four votes.
Mr. Ciccariello voted for Mr. Gagnon and Mr. Mistrot
Mr. Ostroff voted for Mr. Gagnon and Mr. Mistrot
Ms. Van Amsterdam voted for Mr. Gagnon and Mr. Mistrot
Ms. Gloff voted for Mr. Gagnon and Mr. Mistrot
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to appoint Ms. Van Amsterdam as Chair Pro Tem to get the committee started.
RISE N SHINE: REQUEST FOR OUTSIDE TABLES
Dennis O’Hare, owner of Rise N Shine at 45 Main Street told the Board that he would like to put a couple of round tables on the sidewalk in front of his restaurant. He put the tables out a little in the beginning of the summer not realizing he needed to get permission.
The Board was in receipt of a recommendation from the Building Commissioner Michael Melchiorri stating he had no objection to two tables.
Asked if it was on the inside of the property, Mr. O’Hare advised that it was and there was plenty of room. It was a double sidewalk.
Mr. Ostroff noted that he spoke with Mr. O’Hare and suggested that he come in to get permission. There was a Town By-Law that says the Board of Selectmen needs to give approval for the sidewalks. He thanked Mr. O’Hare for investing in the Natick future.
Ms. Gloff noted that Mr. O’Hare’s request was for four tables, but Ms. White pointed out the Building Commission stipulated two tables and chairs.
A motion was made by Mr. Ostroff to approve Mr. O’Hare’s request to occupy the sidewalk with two tables and chairs in front of 45 Main Street. Seconded by Ms. Gloff and unanimously voted.
GRS JEWELRY, INC. D/A/B STUCCHI BROTHERS: APPLICATION FOR JUNK DEALER’S LICENSE
Representing Stucchi Brothers was Gary Such.
Mr. Such advised that buying and selling scrap metal was an integral part of his business. He never really advertised that he buys gold as it brought in an element he didn’t want, but where he made gold jewelry it was a thing where he was trading it a lot.
Mr. Such explained that he thought he had a junk dealers license, and didn’t know he had to reapply.
A motion was made by Mr. Ostroff to grant GRS Jewelry, Inc. d/b/a Such Brothers a junk dealers license for premises at 3 Main Street. Seconded by Ms. Van Amsterdam and unanimously voted.
COMMUNITY DEVELOPMENT DIRECTOR: COMMONWEALTH CAPITAL PLAN
Community Development Director Patrick Reffett advised that the state had a ranking process for how they rank communities pursuing things that were important to the state, i.e. affordable housing, smart growth. The last submission got a grade of 58 which was not too bad.
Because of the focus on a lot of smart growth things, when this year’s application was prepared he ranked the Town at 86 which was a very good number and he was looking for the Board to authorize submission of this to the state.
Looking at the application, Mr. Ciccariello thought there was a master plan. Mr. Reffett noted that years ago the federal government provided funding to do master plans but since that time no funds have been available. He thought the Natick 360 effort was far in excess of many ordinary master plans. Typically a master plan would have
transportation, open space, housing, capital. A lot of those things were being done separately and not focusing on doing the master plan.
A motion was made by Ms. Gloff to authorize the submission of the capital plan to the State. Seconded by Mr. Ostroff and unanimously voted.
IT’S A DOG’S LIFE: APPLICATION FOR HAWKER’S & PEDLER’S LICENSE
Before the Board was an application from John DeCoste, owner of It’s a Dog’s Life, for a Hawker’s & Peddler’s license to operate a mobile kitchen truck to sell hot dogs at 319 Speen Street.
Mr. DeCoste advised that he had appeared before the Planning Board who voted a temporary permit and continued the hearing to September 9.
Mr. Ostroff preferred not to get out in front of the Planning Board and wondered if it was possible to grant a conditional permit for 30 days. Ms. Challis advised that could be done.
It was Mr. Ciccariello’s understanding that Mr. DeCoste would do events for the Hampton Inn. Mr. DeCoste explained that it was a fixed location. The Hampton Inn may have conferences and offer lunch for which they would call ahead. His business was take out.
Mr. Ciccariello then asked about a Board of Health license and Mr. DeCoste advised that he had obtained a license from the Board of Health.
A motion was made by Mr. Ostroff to grant It’s a Dog’s Life a hawker’s & peddler’s license subject to getting the Planning Board permanent permit on or before October 1, 2009. Seconded by Ms. Van Amsterdam and unanimously voted.
FINANCE DIRECTOR: UPDATE ON PAYROLL RESTRUCTURING
Finance Director Robert Palmer provided the Board with an update on the changes in payroll processing and the approach to reconciliation of the Concentration Account. The goal was to move payroll from the Comptroller’s Office and it was part way there.
For payroll processing Mr. Palmer reported that:
- An administrative assistant for payroll had been recruited and was in the process of receiving training on the MUNIS system
- The staff person was currently capable of processing a typical payroll with minimal or no assistance from other staff
- The position was currently physically located in the Comptroller’s Office but would be relocated to the Treasurer’s Office in September after the setup of new teacher payroll and deductions were complete.
- One major goal was to decentralize payroll input with the desired result of being able to reassign a portion of the payroll administrative assistant’s time for bank account reconciliation
- FLSA implementation has provided a significant challenge to both the Police Department and payroll processing. The FLSA implementation will prevent decentralization for the Public Safety departments. This will have an impact on the ability to reassign the concentration account reconciliation.
Mr. Palmer identified the following pending payroll items:
- Acquisition of MUNIS forms module to provide for printing of checks on laser printers. The major delay in this is related to Adobe Corporation’s license agreement and certain terms that are unacceptable to legal counsel.
- Procurement of two laser printers for the production of payroll and vendor checks. These printers would also be standard toner capable for report generation, direct deposit receipts, W-2 production, etc.
- Decentralize payroll input to larger departments during the remaining months in 2009 – Schools, DPW, Library, etc.
- Review document retention policies and procedures to improve efficiency of both function and space utilization.
Ms. Van Amsterdam inquired as to how many employees were on direct deposit and what movement had been made on the pay periods. Mr. Palmer was talking about printers when the entire nation was moving towards a paperless society.
Mr. Palmer responded that a high percentage of employees were direct deposit. There were a large portion on the weekly payroll and the administration would like to move away from that. The teachers were on a two week payroll already. He also advised that the Town was going electronic with a bunch of payments. All payments to the federal government, debt service were electronic.
Ms. White pointed out that both by-weekly payroll and direct deposit were matters that would have to be bargained with the unions and they were on the list to be brought up.
Mr. Palmer explained that the Concentration Account was a funding account for three separate zero balance checking accounts including payroll, vendor, and worker’s compensation. The concentration account was also utilized for tracking “no check” warrants such as payroll deductions, debt service payments, etc. Historically the account has been under the control of the Comptroller’s Office. The auditors were recommending that the Treasurer’s Office assume the responsibility for monthly reconciliation of these accounts. To facilitate this the following was planned to be implemented effective June 30, 2009.
- The June 30,2009 reconciliation will be completed in conjunction with both the Comptroller’s staff and Treasurer’s staff with the Treasurer assuming responsibility for the account balances.
- Ongoing monthly reconciliations will be completed by Treasurer’s staff with the results being transmitted to the Comptroller’s Office for update and balancing to the General Ledger.
- The staff assignments to complete the monthly reconciliation will include part time staff, split of remaining tasks will be assigned to the payroll administrative assistant and the administrative assistant currently assigned to bank account reconciliations.
- The two administrative assistant positions will be cross trained in each other’s primary function.
- Recommend a form review of existing concentration account reconciliation policy and procedures. Development of procedure manuals for this process that include all necessary tasks for efficient account reconciliation.
- Develop formal procedures for timely processing of abandoned property
Mr. Ostroff inquired if the software hurdle had been resolved where Munis was used in one office and Point in another. Mr. Palmer advised that that was not the Concentration Account.
CITIZENS CONCERNS
Andrew Young of ASMA Real Estate Leasing (Arch Stanton) approached the Board to see if there was a way to extend the junk dealer’s license he had been granted for the Natick Collection for the period of July 15-August 31, 2009. He explained that despite the fact there was an agreement with Natick Collection for an ongoing lease, he had difficulty filing the paperwork because of vacation schedules. If this waited until the Board’s next meeting, he would be out of business.
Mr. Ostroff asked if Mr. Young was looking to extend the license to September 30 or longer. Mr. Young noted that he would like to have a year but the Natick Collection keeps moving him to different locations.
Mr. Ciccariello asked about the lease and Mr. Young said he had a copy but it wasn’t executed. If the Board would be willing to issue something contingent on the filed lease, he (Mr. Young) would be willing to do anything on the reporting requirements. He had little control over the Mall producing a signed lease.
Ms. White recommended that if the Board was to consider an interim step it should be co-terminus with whatever lease was seen. Whatever lease was in front of the Board should be the life of the license.
Ms. Challis advised that a signed lease had been submitted by ASMA Leasing but not until this morning which was too late to be included in the agenda. The signed lease had an expiration of September 30. Ms. Challis went back to the office and provided the Board with a copy of what had been submitted.
Mr. Ciccariello noted that Mr. Youngman had been before the Board two or three times with temporary leases and questioned why they couldn’t get a longer lease. Mr. Youngman acknowledged that his lease had been short term.
Seeing the executed lease, Mr. Ostroff moved to extend ASMA Real Estate Leasing, LLC’s (Arch Stanton) junk dealers license for premises at the Natick Collection Suite 1035 for the period of September 1-September 30, 2009. Seconded by Ms. Gloff and unanimously voted.
Speaking to his motion, Mr. Ostroff noted that he had no objection to extending their license if there had been no Police reports that would jeopardize a short-term extension.
Ms. Gloff stated that she too would vote for this although she was a little troubled by the applicant saying he didn’t have a signed lease and the Board having a signed lease. She warned Mr. Youngman that he needed to get his act together.
Mr. Ciccariello also cautioned Mr. Youngman not to return unless he had his ducks in order.
- Blasting Complaint – South Natick Hills Development
Bill Bowler of 25 Rockland Street told the Board he was concerned with the quality of life in his neighborhood with the blasting. He talked to the Fire Department to find out what they were using for pounds and was told it was 1.9. He didn’t know what that meant, but knew when the blast went off his windows shook, his house shook and his dog shook. Only thing you heard was the drilling and booming usually twice a day and he couldn’t get any answers. His neighbor told him she saw cracks in the basement but no one knew where to go with their complaint.
Ms. White apologized to Mr. Bowler if he wasn’t getting answers to his questions. It was her understanding it was regulated through the Fire Department and that the blasting was at lower levels than the permitted range.
Mr. Bowler inquired as to the range, but Ms. White didn’t know.
Ms. Van Amsterdam noted that the Fire Department kept extensive records of the timing of the blasting and the size.
Asked if he had talked to the Fire Department, Mr. Bowler said he had a nice sit down with the Chief and the Chief said he had had numerous calls and would look into it.
Ms. White told Mr. Bowler that she would get in touch with him and get him the answers he wanted.
Tony Petro noted that he had applied for appointment to the Town Forest Committee and understood that it may be disbanded.
Mr. Ostroff thanked Mr. Petro for coming forward and explained that he had asked the Board to consider, and the Conservation Commission agreed, to co-sponsor an article to move the care and custody of the Town Forest to the Conservation Commission. It would ensure the preservation of the Forest and more effective oversight and
accountability. The Town Forest Committee has not met in several years and that was a concern to him. The transference would ensure proper stewardship of that resource and the ConCom may have funds that weren’t available through the Town resources.
Mr. Petro responded that he found out there was a committee and tried to get some information on what the committee was doing, but didn’t find anything. He felt there were grants that could be applied for and a management plan was needed.
Mr. Ostroff welcomed Mr. Petro’s concerns and invited him to contact the Conservation Commission. Mr. Ostroff also noted that the process before Town Meeting was open to the public and people were welcomed to speak.
- Term Limits on Service to Boards and Committees
The Board was in receipt of a letter from Ann Karnofsky asking about putting limits on terms of service for those appointed to volunteer boards as she felt it was best to have fresh ideas on those boards.
Ms. Karnofsky was unable to attend the meeting but asked that it be brought up at Selectmen’s Concerns.
Mr. Ciccariello had received a telephone call regarding this and suggested to the individual that sometimes an individual was on the committee for a long time because when the vacancies were advertised nobody applied and the individual asks to be reappointed. There was an appreciation for those that want to serve and do son consistently.
In Ms. Karnofsky’s letter she referred to an individual who had been on the Conservation Commission for 23 years. Mr. Ciccariello agreed that was a long time, but thought there had to be a recognition for the person’s willingness to do so.
At 8:55 p.m. a five minute recess was called. The meeting was reconvened at 9:00 p.m.
AUDIT COMMITTEE: ESTABLISHMENT OF TERMS
At the prior meeting the Board had appointed Michael Mistrot and Robert Gagnon to the Audit Committee. On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted that Mr. Mistrot’s term expire as of June 30, 2012 and that Mr. Gagnon’s term expire as of June 30, 2011.
A motion was made by Mr. Ostroff to confirm Cathi Collins as the Finance Committee representative. Seconded by Ms. Van Amsterdam and unanimously voted.
FOLLOW-UP ON FISCAL 2008 AUDIT
Appearing before the Board were Finance Director Robert Palmer and Comptroller Charles Panagopoulos.
The Board had been provided with a detailed response to each auditor’s concern.
Ms. White advised that the current Comptroller had already identified and implemented many of the auditors’ recommendations during FY2009; many of the other recommendations can be implemented in short order. However, given that the audit was not received until June 1, 2009, staff will have limited opportunity to implement the more substantive auditor recommendations and effectuate significant changes for FY2009. Such concerns will likely reappear on the FY 2009 audit. Some improvements would be seen but the real improvements would be in the Fiscal 2010 audit.
The auditors primary field work was scheduled to begin October 13 for the Fiscal 2009 audit and the Comptroller was working on the auditor’s check list.
Looking at the responses to the auditors’ recommendations, Mr. Ciccariello thought it was great to see some progress.
Ms. White noted that when the Comptroller came in he immediately implemented a number of changes so many of the recommendations were already implemented.
The capital asset account was highlighted and identified as problematic that capital was blended with operating and made it difficult to track trends. Staff was looking to separate those out and that effort has been made easier through the GASB 34 inventory. Ms. White pointed out that a number of recommendations were basic sound accounting practice and that was being followed at this time.
Ms. White continued that adjusting entries had been made as the auditors recommended. A few related to the Schools and those have been addressed. With respect to the management letter and the Concentrated Account, that was something Mr. Palmer spoke about earlier. The Comptroller has been working with the Assistant Treasurer/Collector to identify outstanding variances. That was ahead of schedule and addressing the variances should be completed by the end of August early September.
Ms. White noted the auditors had some concerns on the ambulance and parking ticket account and the staff was working to resolve. One recommendation with the ambulance was if the Board would consider amending its policy. Presently one member of the Board would meet with the Fire Chief quarterly or twice annually to review abatements but all the other billing abatements (water & sewer) were under the authority of the Fire Department. The ambulance abatement was outside the normal practice and would the Board consider having the Finance Director do the abatements.
Mr. Ciccariello noted that Ms. Gloff and he and the previous Chief and administration spent a lot of time on the policy and it allowed the Chief to evaluate if someone should be granted an abatement. Ms. Gloff
clarified that the policy required the Chair or another member to approve or bless those abatements. The thought now was to have the process the same, but have the Finance Director doing the abatements.
Mr. Ciccariello thought the Board could revisit, but he felt a lot of time had been spent on the development of the policy. He then asked about the billing company as he believed they gave information to the Fire Department.
Ms. White believed it was quarterly and there was a recommendation from the auditor that it should be received monthly.
Mr. Ciccariello requested an update from the Fire Chief on the ambulance service, billing, outstanding receivables, and if any fees had been waived.
Mr. White continued with an overview of the auditor’s recommendations and the responses. With respect to the Chapter 90 filing and the recommendation to request reimbursements monthly, Ms. White wholeheartedly concurred with the recommendation.
There were a number of recommendations for the golf course and a meeting was scheduled for August 25.
On risk assessment and monitoring the auditors recommended that management develop and implement a risk assessment program to periodically anticipate, identify, analyze and manage the risk of asset misappropriation and that such a program be periodically evaluated as to the operational effectiveness of internal controls. Ms. White noted that the auditors advised that this was a recommendation included in every audit. She agreed with the recommendation but it was kind of encompassing and almost boundless as to how far it would go. Given the significant and urgent challenges ahead of the finance offices, her recommendation would be to evaluate a risk assessment and monitoring program over the coming year by the general government and the school department as such an effort would have to be developed and implemented
organization-wide to be effective. She would be unable to make any specific commitments at this time, but the auditor’s specific recommendation with respect to the golf course for a risk assessment monitoring and improved internal controls would absolutely be followed up on.
The auditor’s final recommendation was to establish an audit committee and the Board has done that. The recommendation was to establish it by by-law and an article has been put on the warrant to formalize it.
Given that there was a warrant article, Ms. Van Amsterdam asked if that meant the committee should not meet until after Town Meeting. Ms. White hoped the committee would start meeting and begin their work. The auditors were coming in on October 13.
Ms. Van Amsterdam suggested that the Audit Committee may be able to help with the risk assessment and Ms. White found that to be a good idea.
Regarding the items related to the School Department, aside from being advised they were being corrected, Ms. Van Amsterdam asked if the administration had looked at what was being put into place.
Mr. Panagopoulos advised that he spoke with Bill Hurley (School Business Manager) and Ellen Bacon and he just took their word for the internal controls they have undertaken. He could follow-up with them.
Asked if that was something the Comptroller should see, Mr. Panagopoulos responded that it was much about the programs the School administer and he didn’t know much about them. He would have to do due diligence. Mr. Ciccariello raised the possibility of having the auditor look at it (internal controls put in place by the Schools). Ms. White thought it was a good place to ask the auditor as she was not sure the Comptroller had the authority.
Were Mr. Connolly here Mr. Ostroff thought he would ask about the $13,000 discrepancy and if there was a timetable to narrow that down. Mr. Panagopoulos responded that the $13,000 variance was determined by the auditors as insignificant. He (Mr. Panagopoulos) pointed out that previous audits had this amount in their grasp and from what the staff could tell this was over many years. He wasn’t sure how far back. He further pointed out that the auditors determined this was a variance in the right way. The bank statements were higher than in the books. It was found money and that was a good thing.
Mr. Panagopoulos advised that he had a discussion with the consultant for Sullivan Rogers and she was scheduled to come in to help segue how to transition the reconciliations going from one office to another. When the consultant meets with them there will be a better idea of how to approach it (resolving the variance).
Mr. Ostroff asked the Town Administrator if there was thought given to incorporating some lessons learned into the goals for the Comptroller. There was a need to resolve how the Comptroller was evaluated and what yardstick the Board would use. To maintain the public confidence there needs to be a plan for doing it.
Ms. White responded that one of the first things she did when the audit came out and there were a number of concerns raised was to establish milestones – significant events that must happen and the timing for things that lay squarely on the shoulders of the Comptroller. She would suggest that that was either completely or largely accomplished and a clear set of expectations for the handling of the books and filing with DOR were set out.
Mr. Ostroff felt it had been a transition and clearly there were failings and now we had to look forward to resolve. He thought the
Audit Committee was a great way to make sure the Town was well prepared and looking after the public’s money.
To Mr. Ciccariello’s comment on the audit beginning October 13, Mr. Panagopoulos explained that was the primary field work. When the auditors come in at that point they should have 1 to 1-1/2 months to finish everything. They would have the interim field work before that. It was not really a starting date.
Recalling there were a lot of delays last year, Mr. Ciccariello asked if everything was ready for the audit to move forward.
Mr. Panagopoulos replied that the next few months would be really telling. He was trying to make efforts.
Asked if he gave all departments assignments to do things they had to do and a timeframe, Mr. Panagopoulous advised there were some. He got a checklist from the auditors. If he sent things to different departments with specific dates to have it back and didn’t get it back, Mr. Ciccariello told Mr. Panagopoulos that he then needed to advise the Board of Selectmen as well as the Town Administrator of that.
CONCEPTUAL DESIGN COCHITUATE RAIL TRAIL: AWARD CONTRACT
Mr. Ostroff reported that on August 10, 2009 the Cochituate Rail Trail Advisory Committee interviewed two firms who submitted responsive and qualified proposals for a conceptual design study for the proposed CRT project. The committee voted unanimously to recommend that the Board award this contract to Fay Spofford & Thorndike in the amount of $29,700. The other firm was PARE Corporation from Rhode Island.
Earlier this year the Board had voted to issue this RFP and funding was appropriated by Spring 2007 Town Meeting from mitigation funds reserved for the CRT project by General Growth for the Mall expansion. There was a five year window to expend these funds. Another two years were left and if not expended in that time the funds would revert back to General Growth.
The project was expected to take about three months and would offer the following benefits:
It would help to develop conceptual cost estimates
It would provide a way to continue to get public and abutter input
It could help secure federal and state funding
It could identify a solution to safety and parking concerns.
Ms. Gloff moved to award the contract for CRT conceptual design services to Fay Spofford & Thorndike in an amount not to exceed $29,700. Seconded by Ms. Van Amsterdam and unanimously voted.
Mr. Ostroff commended Community Development Director Patrick Reffett’s invaluable help.
FALL TOWN MEETING ARTICLES
Ms. White reviewed the list of warrant articles to date.
She advised that she may be looking to move money into the Stabilization Fund. Any opportunities to reduce this year’s budget may be moved into the Stabilization Fund, i.e. unemployment account. In doing so those monies would be available for the FY11 budget. It had to be remembered that excess money left in the unemployment account would not fall out into free cash for Fiscal 2012. The administration was sort of taking a year-by-year view now because it was known there will be challenges in Fiscal 2011.
On the list was an article for the purchase of fire apparatus. Ms. White explained there was about $650,000 dedicated to a piece of apparatus and previously appropriated and there may be an article put forward for the purchase of a new piece. Ladder 2 has been downgraded by the Vehicle Maintenance Division and agreed there will not be loaning it out to towns.
Mr. Ostroff moved that the Board co-sponsor with the Conservation Commission an article to transfer control of the Town Forest to the Conservation Commission. Seconded by Ms. Van Amsterdam and unanimously voted.
There was a potential article to transfer control of JJ Lane Park to the Conservation Commission. Ms. White noted the Town had negotiated with the Commonwealth to lease a portion of the National Guard to the Conservation Commission. In moving forward with design and improvements for one larger cohesive park if it was under one jurisdiction it would facilitate improvements. Both sections would have to be under the control of the Conservation Commission and she would propose the Board sponsor an article. It has the support of the Conservation Commission.
A motion was made by Mr. Ostroff for the Board to sponsor an article for the transfer of JJ Lane Park to the Conservation Commission. Seconded by Ms. Van Amsterdam and unanimously voted.
The Planning Board was submitting an article to amend Zoning By-Laws for renewable or alternative energy manufacturing & research & development. Ms. White noted that through the work of the Charter & By-Law Review committee it’s come to our attention that any zoning by-law change must be submitted first to the Board of Selectmen regardless of where it originates and the Board of Selectmen must officially submit it to the Planning Board. She thought the practice of doing that had to be started since it was stipulated in the MGL even though it was a little odd when it was initiated by the Planning Board.
A motion was made by Ms. Gloff to submit the proposed zoning amendment for renewable or alternative energy manufacturing & research & development to the Planning Board. Seconded by Ms. Van Amsterdam and unanimously voted.
Mr. Ostroff recalled that he had raised with the Board that he would be working with the Community Development Director and Planning Board to
amend the Zoning By-Laws for Natick Center parking requirements for restaurants.
A motion was made by Ms. Gloff for the Board to sponsor an article to amend the Zoning By-Laws for Natick center parking requirements for restaurants.
Ms. White noted there wasn’t anything to transmit to the Planning Board as of yet. Perhaps at the September 8 meeting.
Mr. Ostroff moved that the Board sponsor the local option meals tax. Seconded by Ms. Van Amsterdam and unanimously voted.
Mr. Ostroff then moved that the Board sponsor the local option hotel tax increase. Seconded by Ms. Van Amsterdam and unanimously voted.
Ms. White raised the issue of the Quinn Bill and the fact that the State was no longer paying its portion of the Quinn Bill payments. This was something the Board previously discussed and she asked if consideration would be given to putting an article on the Town Meeting warrant seeking full funding of the Quinn Bill. Ms. Gloff so moved. Seconded by Ms. Van Amsterdam and unanimously voted.
To Mr. Ostroff’s comment on the duration, Ms. White advised that she had in mind it being a specific appropriation for this one year and then it would need to be revisited.
Ms. Gloff reported that the Charter & By-Law Review Committee was dealing with a lot of possible changes. They weren’t done with their work as of yet but were probably looking at 25-30 changes with a few waiting until spring. The CBRC discussed the idea of an Audit Committee but they had to finish the work they were doing. She would move that the Board of Selectmen sponsor the Audit Committee by-law. Seconded by Ms. Van Amsterdam and unanimously voted.
Mr. Ostroff distributed Mr. Connolly’s proposal for a sex offender by-law and moved to sponsor a by-law for child safe zones. Seconded by Ms. Van Amsterdam and unanimously voted.
The Town Clerk put forth an acceptance of statute for persons 70 and over not to be charged a fee to license their dog. Mr. Ciccariello questioned why. Was the assumption that because someone was over 70 they couldn’t afford it.
Ms. Gloff pointed out that seniors were given free parking tags and this seemed similar.
A motion was made by Ms. Van Amsterdam that the Board sponsor an article for the acceptance of the statute related to dog licenses and persons over 70. Seconded by Mr. Ostroff and unanimously voted.
With respect to the position of Police Chief Ms. Van Amsterdam distributed updated materials. There were two proposed warrant
articles and the history of the articles along with minutes from 3/21/05, 8/8/05, 10/6/05 and a copy of Articles 33 & 34 from the Spring Town Meeting and Article 17 & 18 before the 2005 Fall Town Meeting.
She explained that the proposed two articles were: 1) a home rule petition to exempt the Police Chief position from Civil Service; 2) An amendment to Section 3 of the By-Laws. Town Counsel thought the language she just distributed was more improved than what had been previously circulated. It describes the selection process.
Ms. Van Amsterdam understood that some people have asked why now and what had changed and her initial response was what hadn’t changed in five years. Public safety has changed as society becomes more complex. As she went through all the material, the questions asked and the answers all had the same significance today as they had in 2005 and she found that remarkable given all that has changed around us. A provision was made that the interim chief’s Civil Service status would be maintained and no harm to the individual’s status.
To the question of why the Town would look outside to hire, the Board went through the discussion about having the ability of looking at a broader pool of candidates when they looked at hiring a Fire Chief and how the Town was restrained as the result of the Civil Service process. She found a document prepared by the former Personnel Director Betty Dennis about doing an assessment center for the Fire Chief position. The Board petitioned HRD to allow them to view the tape which showed each applicant going through the assessment center process and was told that information was confidential. The Board received scores as opposed to a breakout.
Ms. Van Amsterdam noted that she only mentioned the Fire Chief to show that when doing an assessment center under Civil Service you were much more limited than doing an assessment center where you were hiring a firm that could look statewide and beyond and can limit the number of candidates. This was an opportunity for the Board and she thought the Board had hindsight to put this forward to Town Meeting.
Mr. Ostroff thought the topic would provoke a huge debate at Town Meeting. His personal feeling was if a member wanted to put something before Town Meeting, he was fine with doing so, but he had a couple of concerns. One was his discomfort with the vote to appoint the interim chief for one year and now this comes forward and his perception was that this was tied together. He felt the Board was bending the rules of Civil Service with the interim appointment and wasn’t sure HRD was fine with that. The fact there was such a long interim period coupled with these articles would provoke a lot of suspicion and the Board hasn’t been through a Police Chief appointment process in 20 years.
Mr. Ostroff continued that he was not a fan of Civil Service and while he had great respect for veterans and people with disabilities he didn’t think those things should tie our hands. He knew how difficult it would be to get Town Meeting approval (to remove position from Civil Service). He would support putting it on the warrant but he thought
the Board was in for a dog fight and he couldn’t speak in terms of how he would vote in supporting it. He had been approached by members of the Police Department saying they were very concerned.
Ms. Gloff stated that she would vote to put it on the warrant, but was not sure how she would vote on a recommendation. She thought it would be a very interesting discussion at Town Meeting.
Mr. Ciccariello stated that he too would support sponsoring it. When it went to Town Meeting before it was a real hot issue and very emotional. He didn’t know what would happen this time, but it would be a real good debate. Mr. Ciccariello emphasized that he didn’t feel this was submitted because of what happened with the interim chief and he hoped people don’t look at it that way. The Board was always looking for the best possible candidates to fill a position.
Mr. Ostroff thought there was a need to plan for a different contingency. If the article passed, he didn’t know how long it would take to get a home rule petition and he thought the Police Department needed a permanent chief as soon as possible.
Mr. Ciccariello agreed that the Board needed to get refocused back on what would happen if this article didn’t pass and how will a new Police Chief be hired.
Mr. Ostroff added that he thought Town Meeting would want to hear if the Board was just waiting for this.
A motion was made by Ms. Gloff for the Board to sponsor both articles for the removal of the Police Chief position from Civil Service. Seconded by Mr. Ciccariello and unanimously voted.
Ms. White advised that the Capital Planning Committee article that she had previously mentioned to the Board wouldn’t be ready to go forward. While she thought it had a lot of merit, a little more internal vetting was needed.
Mr. Ciccariello advised that he may be submitting an article for an update on the Senior Center. The article would only be to update Town Meeting on where the committee was with the architects.
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to sponsor an article to hear a report on the Community Senior Center project.
Mr. Ostroff had previously mentioned a public relations by-law and explained that the intent was to promote transparency and visibility. His thought was that if progress hadn’t been made in a certain area there could be a report and he would ask the Board to consider putting on an article and then recommending referral to the Charter & By-Law Review Committee and Town Clerk. He thought this was an important discussion because he thought the Town could do better than it was now.
Mr. Ostroff noted that he was aware of the current burden on staff both in the Clerk’s office and the administration. The Charter & By-Law Review Committee was doing a lot of things that would overlap. If the article did come forward, he would want it at the end of the warrant and he would really only seek referral, but it would give the Finance Committee and public an opportunity for input. He wanted to work for some solution and would be happy to work with the administration to come back in the spring.
Ms. Gloff noted that Mr. Ostroff and she talked about this and although she was not in total agreement, the Charter & By-Law Review Committee had not voted on what she was going to say. As of today the Town Clerk was suggesting the Charter & By-Law Committee put forth an amendment to Article 40 that committees file their minutes with the Town Clerk’s Office and she hoped the CBLC would include that in its recommendations.
Another aspect of an earlier proposal was a list of appointments by the Board of Selectmen and Town Administrator. The last time the CBLC talked about leaving them in or pulling them out, but the list needs to be updated. She (Ms. Gloff) was going to bring it up again about possibly pulling those out.
Ms. Gloff continued that she spoke with the Town Clerk about posting on the web site and the Town Clerk was concerned with putting that in a by-law. Rather than a by-law she (Ms. Gloff) would suggest setting up an ad hoc committee to look at ways to increase availability of information to the public. The initial thoughts for the committee was the Town Administrator, Town Clerk, Mr. Ostroff, IT, and she (Ms. Gloff) too was interested to figure out if something should be put forward for an article for the Spring Town Meeting or done though a policy. She (Ms. Gloff) felt the article was premature.
Mr. Ostroff agreed that it may be policy and not a by-law. He wanted to get the opportunity to take the temperature of Town Meeting to hear the comments and feedback to see if he was in the majority or minority.
Mr. Ciccariello stated that he was not interested in moving forward with this one. He didn’t get a lot of phone calls from people saying stuff should be made available. In his opinion it has greatly improved in the last 3-4 years in the amount of information getting out to the public and he didn’t think anybody had been denied information. He also saw this Fall Town Meeting warrant being loaded.
Mr. Ostroff clarified that he was not looking for action. In going through the minutes for approval tonight he observed that when the Chair gave an update on the Senior Center project it was said that people could find out a lot on the web site but not about this project and he was offering assistance to remedy. There were a lot of people hungry for information and people may be asked to vote on a $10 million project and there was nothing on this important project on the web. He thought the Board owed it to the public to remedy that situation.
EAST SCHOOL LEASE TIMETABLE
Ms. White advised that the current lease for the former East School now occupied by the Westgate Christian Academy expires on July 31, 2011. The Selectmen have the authority to solicit proposals for a new 10 year lease term and she provided the members with:
- A copy of the current lease. Ms. White noted that she wouldn’t necessarily recommend any changes in the terms of the lease other than the commencement and expiration dates and the annual rent payments. She would review with the Building Maintenance Supervisor any repairs or maintenance items that would need to be addressed by the Town prior to occupancy.
- A copy of the previous RFP issued in 2001 that she had modified slightly to reflect current dates, etc. She noted that she had forwarded this to the Procurement Officer for his review to ensure that it was consistent with current procurement law and practice. Ms. White pointed out that the RFP did not utilize comparative evaluation criteria. The basis for award was the best price among proposals that met identified minimum criteria. For this site she felt this may be an acceptable and certainly more expedient approach.
- The Zoning By-Law Use Regulation Schedule that informs the Board of the uses permitted in the district.
Ms. White inquired if the approach of the minimum criteria and based on best price was acceptable to the Board.
Mr. Ciccariello recalled that when the lease was put out the uses were defined as Schools or religious. When the RFP was first drafted there were a lot of other uses and the neighborhood came to the Board of Selectmen with some real concerns and the Board decided to restrict it to the types of uses that would be acceptable to the neighborhood. There may need to be an appraisal or an assessment of market rentals.
Mr. Ciccariello also recalled there being some debate about the condition of the boilers and the Board was advised everything was OK. There was a difference of opinion between the School and the Town and he would suggest that the boilers may not be in the best shape. He would like a total assessment from the Building Maintenance people on what things needed to be done.
Ms. White noted that included in her memo to the Board was a list of some commitments the Town was prepared to make and she would send that to the Building Maintenance Supervisor for his ideas. Given that there has been a tenant in the building for 10 years and the Town had responsibility for proper upkeep, she would be surprised ifthere would be much of a need for building improvements.
Mr. Ostroff was of the understanding that the property would not be needed for the proposed reconstruction of Oak Street. Ms. White advised that the language provides that the Town would retain the right to utilize a portion of the land for traffic improvements to the Route 9 corridor or Oak Street intersection.
Mr. Ostroff inquired if there was any other Town need for the property. Would the Schools or the Senior Center need the building for any short-term basis. Before going forward with an RFP he wanted to make sure the Town wouldn’t be spending more money than the lease to replicate that space.
Mr. Ciccariello found that to be a good point and suggested there be a discussion with Recreation. The Cole Center had some serious problems with the building and the East School may be bigger.
Ms. White said she would send a memo to all departments advising them of the expiration of the East School lease and ask if it dovetailed into any of their needs or plans.
On the permitted uses, Ms. White felt the approach would be for the Board of Selectmen to dictate certain use restrictions on the property. That didn’t need to be done tonight as the RFP would be discussed at least one more time.
TCAN: REQUEST FOR ONE DAY WINE & MALT LICENSE
Mr. Ostroff, Ms. Van Amsterdam, and Ms. Gloff all stated that they were members of The Center for Arts in Natick.
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to approve The Center for Arts request for four (4) beer & wine licenses for performances to be held at 14 Summer Street on September 4, October 3, October 10, and October 17, 2009.
CONFIRMATION OF PLANNING BOARD APPOINTMENT TO THE AFFORDABLE HOUSING TRUST
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to confirm the appointment of Glen Glater as the Planning Board’s representative to the Affordable Housing Trust Fund.
MINUTES
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to approve the minutes of the January 26, 2009 meeting.
CYSTIC FIBROSIS FOUNDATION: CYCLE FOR HAYLEE BICYCLE TOUR
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to approve the Cystic Fibrosis Foundation’s request to hold the Cycle for Haylee Bicycle Tour through Natick on October 3, 2009 subject to coordination with the Safety Officer.
TOWN ADMINISTRATOR NOTES
Ms. White reminded the Board that she would not be in attendance of the September 8 meeting.
As requested by a member of the Board, Ms. White handed out a three year comparison of the water rates.
- Natick High School Project
Ms. White referenced an e-mail received on the High School project selection of an architect.
SELECTMEN’S CONCERNS
- Registry of Motor Vehicles
Mr. Ostroff noted that he had been to the Natick Service Plaza on the Mass Turnpike before the Registry opened its branch and again after and it was very busy. What was not in the Town’s domain was safety of people once they crossed into the service plaza. He was concerned and would ask the Board of Selectmen to direct the Town Administrator to work aggressively to insure safety of pedestrians and bicyclists on Route 27.
He observed that there was also not enough parking and people were parked on the grass in areas of no parking. Initially it was estimated there would be 150 visits or so a day, but he thought that was low. The Board couldn’t do anything about the Registry, but it will have an impact on the neighborhood and he was concerned people will leave and there won’t be a stop sign and there won’t be a crosswalk.
Mr. Ostroff moved to direct the administration to work assertively and collaboratively with the State to ensure public safety at the new Registry of Motor Vehicles express branch. Seconded by Ms. Gloff and unanimously voted.
Ms. Van Amsterdam called attention to a letter from Mr. Healey concerning the weekend only hours at the recycling center. She heard complaints about the hours being limited to weekends and thought it needed to be looked at during the budget season.
- West Natick Fire Station – Land
The Board was in receipt of a letter regarding an interest in the land as it relates to the West Natick fire station and Ms. Van Amsterdam asked if Ms. White was interested in bringing back together the Fire Station Study Committee.
Ms. White thought it was a little premature at this point. The Town’s request to acquire this land has generally wound its way to DCAM and she particularly asked that it land on a particular person’s desk because she had a good rapport with that person. It was on her (person at DCAM) desk and she was a dog with a bone and expected it would move forward. This was a good sign.
- Tree Removal – Coolidge Gardens
Ms. Gloff called attention to a letter from a resident regarding the cutting down of a tree from renovations at Coolidge Gardens and asked that the Town Administrator look into it.
Ms. Gloff told the members that she took a tour of Sassamon Trace Golf Course and thought it was well worth it to see the course and how it was used.
ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
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Kristine Van Amsterdam, Clerk
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